693JF720Q000003-Eliz-Anne.pdf

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CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

MARAD-00095 CODE 16. ADMINISTERED BYCODE

X

X

X

336611

SIZE STANDARD:

100.00 % FOR:SET ASIDE:UNRESTRICTED OR693JF7

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

04/29/2020 1400 ET

04/08/2020

202-366-0020ALFREDIA RICH-MURPHY

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

693JF720Q000003

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 42 MMAPR510420000154OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

TELEPHONE NO.

17a. CONTRACTOR/

KINGS POINT NY 11024-1699

300 STEAMBOAT ROAD

US DOTMARITIME ADMINISTRATION

USMERCHANT MARINE ACADEMY PROCURE

15. DELIVER TO

WASHINGTON DC 20590

1200 NEW JESEY AVE SE

OFFICE OF ACQUISITIONS

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

1,250

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULEX

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

MARITIME ADMINISTRATION

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The contractor shall provide all equipment, materials, tools, labor and supervision necessary to complete all items outlined in the statement of work (SOW) to include dry docking and inspection of the hull of Towing Vessel (T/V) Elizabeth Anne. The T/V Elizabeth Anne is a U.S.

Government owned vessel provided to the United States Merchant Marine Academy, Kings Point, NY for the purpose of training young men and women for a career in the U.S. Maritime Industry.

Delivery: 30 Days After Notice to Proceed

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

ALFREDIA RICH-MURPHY

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

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ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

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27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

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ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

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REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 05/11/2020 to 06/11/2020

00001 ELIZABETH ANNE TOWING VESSEL (TV) DRYDOCKING AND

REPAIRS

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42 2 of

Negotiated Document No.

693JF720Q000003

Document Title

USMMA Dry-docking of Elizabeth Anne (TV)

Table of Contents

STATEMENT OF WORK (SOW)

SECTION 1 - INTRODUCTION

SECTION 2 - PURPOSE

SECTION 5 - ADDITIONAL SERVICES

SECTION 6 – AVAILABILITY AND PERFORMANCE PERIOD

SECTION 7 - CLEAN UP

SECTION 8 - CONTRACTOR’S REPRESENTATIVE

CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

MARAD Clauses 52.212-2 Evaluation - Commercial Items (Jan 1999)

SHIP CHECK – SITE VISIT

QUOTATION SUBMISSION INSTRUCTIONS

BASIS FOR AWARD

52.233-2 Service of Protest (Sept 2006)

ATTACHMENTS

Document Title

STATEMENT OF WORK (SOW)

DRY DOCKING OF UNITED STATES MERCHANT MARINE ACADEMY TUGBOAT “ELIZABETH

ANNE”

SECTION 1 - INTRODUCTION

1.1 This statement of work describes the dry docking of Towing Vessel (T/V) Elizabeth Anne. The T/V Elizabeth Anne is a U.S. Government owned vessel provided to the United States Merchant Marine Academy for the purpose of training young men and women for a career in the U.S. Maritime Industry.

1.2 Vessel Particulars

Name: Elizabeth Anne USCG Doc. No.: 0629933 Vessel Service: Towing Vessel IMO Number: 08987084 Trade Indicator: Coastwise Unrestricted, Registry Call Sign: WDD9654 Hull Material: Steel Hull Number: 1 Ship Builder: Turn Ship, LTD Year Built: 1980 Length: 60’ Hull Depth: 8’9” Hull Breadth: 23’ Gross Tonnage: 113 Tons Net Tonnage: 77 Tons

1.3 The contractor shall provide all equipment, materials, tools, labor and supervision necessary to complete all items outlined in the attached statement of work (SOW) and specifications to include dry docking, inspection, and repairs which may include supplemental work that is not currently defined on the hull of Towing Vessel (T/V) Elizabeth Anne.

1.4 All workmanship shall be first-class in all respects. All material, machinery, equipment, pieces and/or parts specified herein and installed in the converted vessel shall be suitable for the marine service intended; and shall conform to ASTM, Federal, SAE, ABS and USCG (CFR) requirements. All materials shall be free from imperfections of manufacture and from defects, which adversely affect appearance or serviceability.

1.5 The term “good shipbuilding practice” means repair practices, which are in accordance with soundly engineered and approved processes. These processes are to meet the requirements contained within this document

Document Title of specifications. Construction and testing shall conform to regulatory agency and industry accepted standards to ensure that the vessel will meet the general and design requirements.

1.6 No application of coatings shall be made until the prepared surfaces are approved by the coatings systems manufacturers’ representative. The contractor is to arrange for such inspections prior to the initial coating and each over coating. Areas found to contain runs, overspray, roughness or any other film irregularities shall be repaired or recoated.

SECTION 2 - PURPOSE

The primary purpose of this statement of work is to accomplish the following:

•Dry dock and inspect the underwater hull •Complete items outlined in the description of services list in this SOW.

SECTION 3 - SCOPE

3.1 This project will include the following but not be necessarily limited to:

3.1.1 The contractor shall haul and block the vessel as per ships drawing that will be provided by the owner.

3.1.2 The contractor shall water blast the hull from the bulwark down to and including the keel. The surface shall be fresh water washed with high pressure hoses (minimum 5000 psi) followed by hand scraping to remove all marine growth. The contractor shall provide for sweep blasting SSPC-SP7 of all existing anti-fouling paint.

The contractor shall also allow for areas of corrosion to be grit blasted to a commercial blast standard, SSPC-SP6.

3.1.3 The contractor shall prime and coat the hull from the top of the bulwark on the main deck down to the keel with two coats, first coat red, second coat gray, of Sherwin Williams Seaguard 5000 HS Epoxy. Following the second coat of Sherwin Williams Seaguard 5000 HS Epoxy, two coats of Sherwin Williams Anti Fouling paint shall be applied from the waterline down to the keel, first coat black, the second coat red. Hull markings shall be painted white. From the waterline to the top of the bulwark on the main deck apply a top coat of Sherwin Williams Macropoxy 646, color black. Hull approximately 2000 square feet.

3.1.4 The contractor shall map and remove all hull zincs. Prior to launching, new zinc anodes shall be fitted to the underwater hull in a manner that ensures paint does not interfere with bonding of the zincs.

3.1.5 The contractor shall ensure the sea chests’ strainer plates are removed, cleaned and prepared to a commercial blast standard SSPC-SP6. Sea chests shall be cleaned to commercial blast standard SSPC-SP6.

Prime and coat with two coats alternating colors red/gray of Sherwin Williams Seaguard 5000 HS Epoxy.

Following the second coat of Sherwin Williams Seaguard 5000 HS Epoxy, two coats of Sherwin Williams Anti Fouling paint shall be applied, first coat black, the second coat red. (Note: Precautions are to be taken to prevent intrusion of grit, water, dust or dirt into any machinery spaces.)

3.1.6 The contractor shall arrange for a certified technician to take and record ultrasonic gauging of the hull. A minimum of 50 shots throughout the underwater hull of the vessel shall be taken. Create and supply a report to the COR upon completion of the gauging.

Document Title

3.1.7 The contractor shall furnish necessary labor and materials to remove and clean the keel cooler of all marine growth. In addition, the cooler shall be acid washed and hydro tested. The contractor shall reinstall the keel cooler after all anti-fouling paint has been applied.

3.1.8 The contractor shall remove, clean and inspect both propellers for wear or imperfections. The contractor shall prepare the surface and apply Propspeed foul release coating to propellers in accordance with manufacturers recommendations. The contract shall reinstall both propellers prior to refloating.

3.1.9 The contractor shall remove, clean and inspect both propeller shafts. The contractor shall renew shaft bearings and shaft packing upon reinstalling the propeller shafts.

3.1.10 The contractor shall remove, clean and inspect both rudders. The contractor shall renew rudder shaft packing upon reinstalling the rudders.

3.1.11 The contractor shall remove all chaffing gear prior to blasting and preparing the hull for paint. Once painting has been completed, the contractor shall replace the chaffing gear as previously fitted using new materials.

3.1.12 The contractor shall furnish necessary labor and material to remove, and overhaul forward deck winches.

All painted surfaces shall be prepared to SSPC-SP6. Prime and coat with two coats alternating colors red/gray of Sherwin Williams Seaguard 5000 HS Epoxy. Following the second coat of Sherwin Williams Seaguard 5000 HS Epoxy, apply a top coat of Sherwin Williams Macropoxy 646, color black. Once completed the winches shall be reinstalled and tested to ensure they are brought back to working condition.

3.1.13 The contractor shall furnish necessary labor and material to remove, and overhaul aft capstan. All painted surfaces shall be prepared to SSPC-SP6. Prime and coat with two coats alternating colors red/gray of Sherwin Williams Seaguard 5000 HS Epoxy. Following the second coat of Sherwin Williams Seaguard 5000 HS Epoxy, apply a top coat of Sherwin Williams Macropoxy 646, color black. Once completed the capstan shall be reinstalled and tested to ensure they are brought back to working order.

3.1.14 The contractor shall remove all interferences and prepare all painted surfaces on the exterior of the vessel from the main deck to and including the top of the wheelhouse using a sweep blast SSPC-SP7. The contractor shall also allow for areas of corrosion to be prepared to a commercial blast standard, SSPC-SP6.

3.1.15 The contractor shall prime and paint the inboard bulkwarks on main deck using two coats, first coat red, the second coat gray, of Sherwin Williams Seaguard 5000 HS Epoxy. A top coat of Sherwin Williams Macropoxy 646 color black shall be applied to match the exterior bulkwarks.

3.1.16 The contractor shall prime and paint all decks and exterior ladders using two coats, first coat red, the second coat gray, of Sherwin Williams Seaguard 5000 HS Epoxy. A top coat of Sherwin Williams Macropoxy 646 color gray mixed with non-skid aggregate shall be applied.

3.1.17 The contractor shall paint the superstructure and handrails the same color scheme previously fitted using one coat of Sherwin Williams Acrolon 218 Polyurethane. Any surfaces prepped to SSPC-SP6 shall receive two coats, first coat red, the second coat gray, of Sherwin Williams Seaguard 5000 HS Epoxy prior to receiving the top coat of Sherwin Williams Acrolon 218 Polyurethane.

Document Title

3.1.18 The contractor shall remove all water from the one forward and four aft ballast tanks and clean them for inspection. The tanks shall be grit blasted to a commercial blast standard SSPC-SP6. The tanks shall receive two stripe coats, first coat red, the second coat gray of Sherwin Williams Seaguard 5000 HS Epoxy. After striping, two full coats, the first coat red, the second coat gray of Sherwin Williams Seaguard 5000 HS Epoxy shall be applied in each tank.

3.1.19 The contractor shall renew the watertight hatches and hatch rings on all the ballast tanks. The new hatches and hatch rings shall be tested to ensure watertight integrity.

3.1.20 The contractor shall renew port and starboard deck drains in main deck. The top of the drains shall be fitted with screens to prevent debris from entering the drain piping.

3.1.21 The contractor shall remove and renew all sea valves. In addition, the contractor shall inspect all through hull piping. Any suspect areas shall be brought to the CORs attention for corrective action to be taken.

3.1.22 The contractor shall furnish necessary labor and materials to mechanically de-scale the aft bilge area behind each transmission. Once the rust has been removed, the steel shall be primed with two coats, first coat red, the second coat gray, of Sherwin Williams Seaguard 5000 HS Epoxy.

3.1.23 The contractor shall furnish necessary labor and materials to renew all porthole gaskets on the vessel.

3.1.24 The contractor shall furnish necessary labor and materials to remove and renew all exhaust lagging on both the main engines and ships service generators.

3.1.25 The contractor shall furnish necessary labor and materials to purchase and install Raymarine E70373-00- 101 AXIOM Pro 16” RVX Multifunction Display with RealVision 3D, 1kW CHIRP and Lighthouse NC2 North America Lakes and Coastal Tide Stations. In addition purchase and install Raymarine Transducer A80465 RV- 200 RealVision 3D Bronze through hull transducer 0o, Direct connect to AXIOM (8m cable). The system shall be tested and proved operational once the vessel is refloated.

3.1.26 The contractor shall furnish necessary labor and materials to purchase and install Raymarine 4KW radar P/N:T70408 includes (E70484, E70490 and A80229). 4kW Magnum with 4ft Array and 15m RayNet Radar Cable. The system shall be tested and proved operational once the vessel is refloated.

3.1.27 The contractor shall furnish necessary labor and materials to purchase and install Raymarine Autopilot P/N: T70160, EV-300 Solenoid Series. The system shall be tested and proved operational once the vessel is refloated.

3.1.28 The contractor shall furnish necessary labor and materials to purchase and install Raymarine E70327 i70s Multifunction Color Display in the aft steering station. The system shall be tested and proved operational once the vessel is refloated.

3.1.29 The contractor shall furnish necessary labor and materials to purchase and install Raymarine AIS Class A P/N: E70601, AIS4000 Transceiver. The system shall be tested and proved operational once the vessel is refloated.

Document Title

3.1.30 The contractor shall submit change requests for unforeseen repairs for approval by the Contracting Officer prior to starting the work on the repair.

3.1.31 The contractor shall refloat and sea trial the vessel to check for leaks and ensure seaworthiness.

SECTION 5 - ADDITIONAL SERVICES

Under unforeseen circumstances, additional repairs for the Elizabeth Anne Towing Vessel (TV) outside of the original scope of this contract could be required from the contractor. The contractor is required to provide a written estimate of the cost (labor & materials) of the additional work (outside of the original scope of the contract) to the Contracting Officer’s Representative (COR) prior to the commencement of the work. The quote shall include the following as a minimum: Nature of the Repair, Parts & Materials, Estimated Number of Hours, Unit Price, Extended Price, and Total Cost. The COR shall evaluate and provide a recommendation to the Contracting Officer to process a contract modification prior to the commencement of the additional work.

SECTION 6 – AVAILABILITY AND PERFORMANCE PERIOD

The vessel shall be available for work performance 30 calendar days after the contract has been awarded. The work performance period shall not exceed 45 calendar days.

SECTION 7 - CLEAN UP

The contractor shall clean up all debris and discard materials resulting from his operations at the end of each workday. Materials shall be disposed of in accordance with local, state and federal laws and regulations. In case of conflict among these laws and regulations, the most stringent law or regulation will apply. Upon the completion of the dry docking, the contractor shall deliver a clean vessel with clean bilges to the COR.

SECTION 8 - CONTRACTOR’S REPRESENTATIVE

A competent supervisor with authority to act on behalf of the contractor must be present at the job site all times that work is being performed. The name of the supervisor will be furnished in writing to the CO.

CLAUSES INCORPORATED BY REFERENCE

52.252-02 Clauses Incorporated by Reference:

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/

Clause Title Date 52.203-18 Prohibition on Contracting with Entities that Require

Certain Internal Confidentiality Agreements or

JAN 2017

Document Title

Statements-Representation 52.203-19 Prohibition on Requiring Certain Internal Confidentiality

Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018 52.204-13 System for Award Management Maintenance OCT 2018 52.204-16 Commercial and Government Entity Code Reporting JUL 2016

52.204-18 Commercial and Government Entity Code Maintenance JUL 2016 52.204-22 Alternative Line Item Proposal JAN 2017 52.204-1 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

DEC 2013

52.247-34 F.O.B. Destination NOV 1991

CLAUSES INCORPORATED BY FULL TEXT

52.204-17 Ownership or Control of Offeror (Jul 2016)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

(b) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (c) and if applicable, paragraph (d) of this provision for each participant in the joint venture.

(c) If the Offeror indicates “has” in paragraph (b) of this provision, enter the following information:

Document Title

Immediate owner CAGE code: ____________________

Immediate owner legal name: ______________________

(Do not use a “doing business as” name)

Is the immediate owner owned or controlled by another entity?: □ Yes or □ No.

(d) If the Offeror indicates “yes” in paragraph (c) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information:

Highest-level owner CAGE code: ___________________

Highest-level owner legal name: ___________________

(Do not use a “doing business as” name) (End of provision)

52.204-20 Predecessor of Offeror (Jul 2016)

(a) Definitions. As used in this provision–

Commercial and Government Entity (CAGE) code means–

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in

Document Title reverse chronological order):

Predecessor CAGE code: (or mark “Unknown”).

Predecessor legal name: .

(Do not use a “doing business as” name). (End of provision)

52.212-3 Offeror Representations and Certifications-Commercial Items (Mar 2020)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision—

“Covered telecommunications equipment or services” has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C.

395(c).

https://www.sam.gov/ https://www.acquisition.gov/content/52204-25-prohibition-contracting-certain-telecommunications-and-video-surveillance-services-or-equipment#id1989I600I4C http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

Document Title

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

Document Title

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.“Sensitive technology”—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

Document Title taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications-Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in http://www.sam.gov/ https://www.acquisition.gov/content/52212-3-offeror-representations-and-certifications-commercial-items#i1060550

Document Title this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that it □is, □is not a small business concern.

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □is, □is not a veteran-owned small business concern.

(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a service-disabled veteran-owned small business concern.

(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □is, □is not a small disadvantaged business concern as defined in 13 CFR124.1002.

(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.

(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that-

(i) It □ is, □ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture:

__________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.

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(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that-

(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and

(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________

(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that–

(i) It □is, □is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.

(d) Representations required to implement provisions of Executive Order11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and

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(ii) It □ has, □ has not filed all required compliance reports.

(2) Affirmative Action Compliance. The offeror represents that-

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(e) Certification Regarding Payments to Influence Federal Transactions (31 http://uscode.house.gov/ U.S.C.

1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.

(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American-Supplies, is included in this solicitation.)

(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products,i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “component,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Supplies.”

(2) Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(3) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/52225-1-buy-american-supplies#i1053372 https://www.acquisition.gov/content/part-25-foreign-acquisition#i1093771

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(g) (1) Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements–Israeli Trade Act.”

(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act.” The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”

Other Foreign End Products:

Line Item No. Country of Origin

[List as necessary]

(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25.

(2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the https://www.acquisition.gov/content/52225-3-buy-american-free-trade-agreements-israeli-trade-act#i1053446

Document Title clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Canadian End Products:

Line Item No.

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Canadian or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American-Free Trade Agreements-Israeli Trade Act”:

Free Trade Agreement Country End Products (Other than Bahrainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

https://www.acquisition.gov/content/52225-3-buy-american-free-trade-agreements-israeli-trade-act#i1053446 https://www.acquisition.gov/content/52225-3-buy-american-free-trade-agreements-israeli-trade-act#i1053446 https://www.acquisition.gov/content/52225-3-buy-american-free-trade-agreements-israeli-trade-act#i1053446

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Line Item No. Country of Origin

[List as necessary]

(5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)

(i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled “Trade Agreements.”

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation.

(h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals–

(1) □ Are, □ are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(2) □ Have, □ have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, https://www.acquisition.gov/content/52225-5-trade-agreements#i1053648

Document Title forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property;

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and

(4) □ Have, □ have not,…